THE VICE-PRESIDENT OF INDIA

Mohammad Hamid Ansari, the common candidate of the United Progressive Alliance and the Left parties, was declared elected on August 10, 2008 as the countrys new VicePresident. In a triangular contest, Mr. Ansari scored a
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comfortable victory defeating National Democratic Alliance (NDA) nominee, Najma Heptulla, and the United National Progressive Alliance (UNPA) candidate, Rasheed Masood securing 455 out of the 762 votes polled. Mr. Ansari, a former diplomat, became the 13th Vice-President of India. He is also the Chairman of the Rajya Sabha. Article 63 of the Indian Constitution says that there should be a VicePresident of India. The Vice-President shall be the ex-officio Chairman of Rajya Sabha (article 64). However as the VicePresident as such no functions have been assigned to him in the Constitution. Vice-President generally takes part in several ceremonial functions like meeting ambassadors, visiting foreign dignitaries etc. in practice. The Vice-President is the Chairman of the Rajya Sabha, but he is not a member of Rajya Sabha. So, he does not have any right to vote. _ Article 65 lays down that in the event of a vacancy in the office of President by reason of his death, resignation, removal or otherwise, the Vice-President acts as the President. In case the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President discharges his functions. However while discharging the functions of President, the Vice-President does not perform the duties of the office of the Chairman of Rajya Sabha (article 64). During the period of discharging Presidents functions by the Vice-President, he is entitled for the salaries, emoluments, allowances and privileges of the office of the President of India. _ Being the Vice-President of India, he is not entitled for any salary, but is entitled to the salary and allowances payable to the Chairman of the Council of States.

ELECTION OF VICE-PRESIDENT

The Vice-President is elected by an electoral college consisting of all members of the Lok Sabha and Rajya Sabha (including nominated ones), through proportional representation of means of a single transferable vote (article 66). This is intended to ensure that the enjoys the confidence of both the houses of Parliament. _ The eligibility conditions for the election of Vice-President is same as the President except that the Vice-

President must be qualified for election as a member of the Rajya Sabha (article 66). _ The election to the vacancy of the office of the Vice-President occurring due to death, resignation or removal is held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy is entitled to hold office for the full term of five years from the date on which he enters upon his office. However generally the election to the vacancy of the office of the Vice-President is completed before the expiry of his term. Regarding vacancy there is no such mandatory provision to hold election with the six months like in the case of the President. _ The Parliament has the power to regulate matters relating to the election of the Vice-President; how-ever at all the doubts and disputes arising out or in connection with the election of the Vice-President, are decided by the Supreme Court whose decision is the final decision.

Vice-Presidents removal

_ The Vice-President can be removed from his office by a resolution of the Council of States (the Rajya Sabha) passed by a majority of all the then members of the Council of States and agreed to by the House of People (the Lok Sabha). Regarding Vice-Presidents removal there is no formal impeachment. _ Removal of the Vice-President of India requires effective majority for passage of such a resolution to this effect [article 67(b)]. The effective majority is determined by the total strength of the House mi nus the number of vacancies. _ The Vice-President may resign his office by writing under his hand.